United States v. Bernard D. Grossman

WINTER, Circuit Judge:

Convicted under two counts of an indictment charging violations of the “Anti-Kickback” Act, 41 U.S.C. §§ 51, 54 1 and sentenced to concurrent terms of three months, and fined $2,500, on each count, defendant appeals, assigning numerous grounds for reversal. We reverse defendant’s conviction and award him a new trial, because of prejudicial argument by the prosecutor. In so doing we notice only those of defendant’s other grounds of appeal as might constitute a bar to retrial.

In count one of the indictment, defendant, an officer of Modern Screw Machine Company, Inc., of…